Tricon Management Group Pty Ltd v Woollahra Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Tricon Management Group Pty Ltd v Woollahra Municipal Council [2015] NSWLEC 1088 Hearing dates:Conciliation conference on 3 March 2015Date of orders: 01 April 2015 Decision date: 01 April 2015 Jurisdiction:Class 1Before: Hussey AC Decision: See (4) below Catchwords: Development Application: Alteration to allow existing rear courtyard of hotel to be used for a limited outdoor dining area; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Tricon Management Group Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr Anthony Pascale (Applicant) Mr Christopher Campbell (Respondent) Solicitors: Hunter Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s):11065 of 2014Judgment COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document....